BID NO. 19-0072-6 PURCHASE OF VERITAS NETBACKUP

1.16Board of Commissioners on 8 April 1994.Immigration: On 1 July 2008, the Georgia Security and Immigration Compliance Act (SB529, Section 2) became effective. Contractors and subcontractors entering into a contractor performing work must sign an affidavit that he/she has used the E-Verify System. EVerify is a no-cost federal employment verification system to insure employmenteligibility. Affidavits are enclosed in this solicitation. You may download M-274Handbook for Employers at. You may go to http://www.uscis.gov to find the E-Verifyinformation.Protection of Resident Workers: Chatham County Board of Commissioners activelysupports the Immigration and Nationality Act (IN) which includes provisions addressingemployment eligibility, employment verification, and nondiscrimination. Under the IN,employers may hire only persons who may legally work in the United States (i.e., citizensand nationals of the U.S.) and aliens authorized to work in the U.S. The employer mustverify the identity and employment eligibility of anyone to be hired, which includescompleting the Employment Eligibility Verification Form (I-9). The Contractor shallestablish appropriate procedures and controls so no services or products under the ContractDocuments will be performed or manufactured by any worker who is not legally eligibleto perform such services or employment.1.17Surcharge: Unless otherwise stated in this bid, all prices quoted by the contractor/vendormust be F.O.B. Chatham County, Savannah, GA. with all delivery handling, surcharges,and other charges included in the bid price. Failure to do so may cause rejection of thebid. The County will not pay additional surcharges.SECTION IIGENERAL TERMS, CONDITIONS AND EXCEPTIONS2.1Specifications: Any obvious error or omission in specifications shall not inure to thebenefit of the bidder but shall put the bidder on notice to inquire of or identify the samefrom the County. Whenever herein mentioned is made of any article, material orworkmanship to be in accordance with laws, ordinances, building codes, underwriter'scodes, ASTM regulations or similar expressions, the requirements of these laws,ordinances, etc., shall be construed to be the minimum requirements of these specifications.2.2Multiple Bids: No vendor will be allowed to submit more than one (1) bid. Anyalternate proposals must be brought to the Purchasing Agent's attention during the Pre-bidConference or submitted in writing at least five (5) days preceding the bid opening date.2.3Prices to be Firm: Bidder warrants that bid prices, terms and conditions quoted in hisbid will be firm for acceptance for a period of sixty (60) days from bid opening date, unlessotherwise stated in the bid.2.4Completeness:All information required by Invitation for Bids/Proposals must be8

completed and submitted to constitute a proper bid or proposal.2.5Quality: All materials, or supplies used for the construction necessary to comply withthis proposal shall be of the best quality, and of the highest standard of workmanship.Workmanship employed in any construction, repair, or installation required by thisproposal shall be of the highest quality and meet recognized standards within the respectivetrades, crafts and of the skills employed.2.6Guarantee: Unless otherwise specified by the County, the bidder shall unconditionallyguarantee the materials and workmanship on all material and/or services. If, within theguarantee period, any defects occur which are due to faulty material and or services, thecontractor at his expense, shall repair or adjust the condition, or replace the material and/orservices to the complete satisfaction of the County. These repairs, replacements oradjustments shall be made only at such time as will be designated by the County as beingleast detrimental to the operation of County business.2.7Liability Provisions: Where bidders are required to enter or go onto Chatham Countyproperty to take measurements or gather other information in order to prepare the bid orproposal as requested by the County, the bidder shall be liable for any injury, damage orloss occasioned by negligence of the bidder, his agent, or any person the bidder hasdesignated to prepare the bid and shall indemnify and hold harmless Chatham County fromany liability arising therefrom. The contract document specifies the liability provisionsrequired of the successful bidder in order to be awarded a contract with Chatham County.2.8Cancellation of Contract: The contract may be canceled or suspended by ChathamCounty in whole or in part by written notice of default to the Contractor upon nonperformance or violation of contract terms. An award may be made to the next lowbidder, for articles and/or services specified or they may be purchased on the open marketand the defaulting Contractor (or his surety) shall be liable to Chatham County for costs tothe County in excess of the defaulted contract prices. See the contract documents forcomplete requirements.2.9Patent Indemnity: Except as otherwise provided, the successful bidder agrees toindemnify Chatham County and its officers, agents and employees against liability,including costs and expenses for infringement upon any letters patent of the United Statesarising out of the performance of this Contract or out of the use or disposal for the accountof the County of supplies furnished or construction work performed hereunder.2.10Certification of Independent Price Determination: By submission of this bid, thebidder certifies, and in the case of a joint bid each party thereto certifies as to its ownorganization, that in connection with this procurement:(1)The prices in this bid have been arrived at independently, without consultation,communication, or agreement, for the purpose of restricting competition, as to anymatter relating to such prices with any other bidder or with any competitor;9

(2)Unless otherwise required by law, the prices which have been quoted in this bidhave not been knowingly disclosed by the bidder and will not knowingly bedisclosed by the bidder prior to opening, directly or indirectly to any other bidderor to any competitor; and(3)No attempt has been made or will be made by the bidder to induce any other personor firm to submit or not submit a bid for the purpose or restricting competition.2.11Award of Contract: The contract, if awarded, will be awarded to that responsible bidderwhose bid/proposal will be most advantageous to Chatham County, price and other factorsconsidered. The Board of Commissioners will make the find.2.12Procurement Protests: Objections and protests to any portion of the procurementprocess or actions of the County staff may be filed with the Purchasing Agent for reviewand resolution. The Chatham County Purchasing Ordinance, Part 9 - VendorDisputes.2.13Qualification of Business (Responsible Bidder or Proposer): A responsible bidder orproposer is defined as one who meets, or by the date of the bid acceptance can meetall requirements for licensing, insurance, and registrations.Chatham County has the right to disqualify the bid or proposal of any bidder or proposeras being unresponsive or unresponsible whenever such bidder/proposer cannot documentthe ability to deliver the requested product.2.14Chatham County Tax Certificate Requirement: A current Chatham County TaxCertificate is required of the successful bidder unless otherwise specified. Please contactthe Building Safety and Regulatory Services at (912) 201-4300 for additionalinformation.NOTE: No contract shall be awarded unless all real and personal property taxes have beenpaid by the successful contractor and/or subcontractors as adopted by the Board ofCommissioners on 8 April 1994.2.15Insurance Provisions, General: The selected contractor shall be required to procure andmaintain for the duration of the contract insurance against claims for injuries to persons ordamages to property which may arise from or in connection with the performance of thework hereunder by the Contractor, his agents, representatives, employees orsubcontractors. The cost of such insurance shall be included in the Bid.10

It is every contractor’s responsibility to provide the County Purchasing and ContractingDivision current and up-to-date Certificates of Insurance for multiple year contracts beforethe end of each term. Failure to do so may be cause for termination of contract.2.15.1 General Information that shall appear on a Certificate of Insurance: Name of the Producer (Contractor’s insuranceBroker/Agent). Companies affording coverage (there maybe several).Name and Address of the Insured (this should be the Company or Parent of thefirm Chatham County is contracting with).A Summary of all current insurance for the insured (includes effective datesof coverage).A brief description of the operations to be performed, the specific job tobe performed, or contract number.Certificate Holder (This is to always include ChathamCounty).Chatham County as an Additional Insured: Chatham County invokes the defenseof sovereign immunity. In order not to jeopardize the use of this defense, the Countyis not to be included as an Additional Insured on insurance contracts.2.15.2 Minimum Limits of Insurance to be maintained for the duration of the contract:a.Commercial General Liability: Provides protection against bodily injury andproperty damage claims arising from operations of a Contractor or Tenant.This policy coverage includes: premises and operations, use of independentcontractors, products/completed operations, personal injury, contractual, broadform property damage, and underground, explosion and collapse hazards.Minimum limits: 1,000,000 bodily injury and property damage per occurrenceand annual aggregate.b.Worker's Compensation and Employer’s Liability: Provides statutoryprotection against bodily injury, sickness or disease sustained by employees ofthe Contractor while performing within the scope of their duties. Employer’sLiability coverage is usually included in Worker’s Compensation policies, andinsures common law claims of injured employees made in lieu of or in additionto a Worker’s Compensation claim. Minimum limits: 500,000 for eachaccident, disease policy limit, disease each employee and Statutory Worker’sCompensation limit.c.Business Automobile Liability: Coverage insures against liability claimsarising out of the Contractor’s use of automobiles. Minimum limit: 1,000,000 combined single limit per accident for bodily injury andproperty damage. Coverage should be written on an Any Auto basis.11

2.15.3Special Requirements:a.Claims-Made Coverage: The limits of liability shall remain the same as theoccurrence basis, however, the Retroactive date shall be prior to thecoincident with the date of any contract, and the Certificate of Insurance shallstate the coverage is claims-made. The Retroactive date shall also bespecifically stated on the Certificate of Insurance.b.Extended Reporting Periods: The Contractor shall provide the Countywith a notice of the election to initiate any Supplemental Extended ReportingPeriod and the reason(s) for invoking this option.c.Reporting Provisions: Any failure to comply with reporting provisions of thepolicies shall not affect coverage provided in relation to this request.d.Cancellation: Each insurance policy that applies to this request shall beendorsed to state that it shall not be suspended, voided, or canceled, exceptafter thirty (30) days prior to written notice by certified mail, return receiptrequested, has been given to the County.e.Proof of Insurance: Chatham County shall be furnished with certificates ofinsurance and with original endorsements affecting coverage required by thisrequest. The certificates and endorsements are to be signed by a personauthorized by the insurer to bind coverage on its behalf. All certificates ofinsurance are to be submitted prior to, and approved by, the County beforeservices are rendered. The Contractor must ensure Certificate of Insurance isupdated for the entire term of the Contract.f.Insurer Acceptability: Insurance is to be placed with an insurer having anA.M. Best’s rating of A and a five (5) year average financial rating of not lessthan V. If an insurer does not qualify for averaging on a five year basis,the current total Best's rating will be used to evaluate insurer acceptability.g.Lapse in Coverage: A lapse in coverage shall constitute grounds forcontract termination by the Chatham County Board of Commissioners.h.Deductibles and Self-Insured Retention: Any deductibles or self-insuredretention must be declared to, and approved by, the County. At the option ofthe County, either: the insurer shall reduce or eliminate such deductibles orself-insured retention as related to the County, its officials, officers, employees,and volunteers; or the Contractor shall procure a bond guaranteeing paymentof related suits, losses, claims, and related investigation, claimadministration and defense expenses.12

2.16Compliance with Specification - Terms and Conditions: The Invitation to Bid, LegalAdvertisement, General Conditions and Instructions to Bidders, Specifications, SpecialConditions, Vendor's Bid, Addendum, and/or any other pertinent documents form a part ofthe bidders proposal or bid and by reference are made a part hereof.2.17Signed Bid Considered Offer: The signed bid shall be considered an offer on the part ofthe bidder, which offer shall be deemed accepted upon approval by the Chatham CountyBoard of Commissioners, Purchasing Director or her designee. In case of a default onthe part of the bidder after such acceptance, Chatham County may take such action as itdeems appropriate, including legal action for damages or lack of required performance.2.18Notice to Proceed: The successful bidder or proposer shall not commence work under thisInvitation to Bid until a written contract is awarded and a Notice to Proceed is issued bythe Purchasing Director or her designee. If the successful bidder does commence anywork or deliver items prior to receiving official notification, he does so at his own risk.2.19Payment to Contractors: Instructions for invoicing the County for products delivered tothe County are specified in the contract document.2.20a.Questions regarding payment may be directed to the Finance Department at(912) 652-7900 or the County's Project Manager as specified in the contractdocuments.b.Contractors will be paid the agreed upon compensation upon satisfactorydelivery of the products or completion of the work as more fully describedin the contract document.c.Upon completion of the work or delivery of the products, the Contractorwill provide the County with an affidavit certifying all suppliers, persons orbusinesses employed by the Contractor for the work performed for theCounty have been paid in full.d.Chatham County is a tax exempt entity. Every contractor, vendor, businessor person under contract with Chatham County is required by Georgia lawto pay State sales or use taxes for products purchased in Georgia ortransported into Georgia and sold to Chatham County by contract. Pleaseconsult the State of Georgia, Department of Revenue, Sales and Use TaxUnit in Atlanta (404) 656-4065 for additional information.The Chatham County Board of Commissioners has adopted an aggressive program thatestablishes goals for minority/woman, small and disadvantaged business participation inconstruction, professional services, and general procurement.13

a.The Chatham County Board of Commissioners under Georgia law may reject anybid as non-responsive if they feel a bidder did not exercise Good Faith Effort inobtaining the goal established for M/WBE participation.b.The Chatham County Board of Commissioners adopted a policy establishing goalsoriented to increase participation of minority and female owned businesses, throughM/WBE certification and development. In order to accurately documentparticipation, businesses submitting bids, quotes or proposals are encouraged toreport ownership status. A bidder or vendor that is certified by any agency of theFederal Government or State of Georgia may submit a copy of their certificationwith their bid as proof of qualifications. Bidders that intend to engage in jointventures or utilize subcontractors must submit to the County ContractsAdministrator, a report on Minority/Female Business Enterprise participation.Goals established for this project is 12% MBE/ 5% WBE.c.2.21A Minority/Female Business Enterprise (M/WBE) is a business concern that is atleast 51% owned by one or more minority/female individuals and whose dailybusiness operations are managed and directed by one (1) or more of theminority/female owners.Bidders or proposers are required to make a Good Faith Effort, where subcontracting isto be utilized in performing the contract, to subcontract with or purchase supplies fromqualified M/WBE’s. Bidders or proposers are required to state if they intend tosubcontract any part of the work. Goals will be established for each contract at the onset.Forms requiring the signatures of bidders or proposers are enclosed as Attachments andmust be completed and returned with your bid response. If forms are not completed andsubmitted, the bid may be considered nonresponsive.Each bidder or proposer is required to maintain records of such efforts in detail adequateto permit a determination of compliance with these requirements. All contracts will reflectGood Faith Efforts and reporting requirements for the term of the contract. The Countyparticularly urges general contractors to give emphasis to subcontracting with local areafirms.For information on the program or M/WBE contractors/vendors please contact ConnellHeyward, Chatham County Minority and Women Business Coordinator, 124 Bull Street,Suite 310, Savannah, Georgia 31401, (912) 652-7860 phone, (912) 652-7849 fax.2.22GEORGIA OPEN RECORDS ACT - The responses will become part of the County’sofficial files without any obligation on the County’s part. Ownership of all data, materialsand documentation prepared for and submitted to Chatham County in response to asolicitation, regardless of typ

purchase of veritas netbackup software renewal for chatham county bid opening: 2:00pm, july 9, 2019 the commissioners of chatham county, georgia albert j. scott, chairman commissioner helen l. stone commissioner tabitha odell commissioner james j. holmes commissioner james jay jones